QU OF NT AT A FE RU

BERMUDA

NON-CONTENTIOUS PROBATE RULES 1974

SR&O 34 / 1974

[made under section 57 of the Administration of Estates Act 1974 and brought into operation on 1 September 1974]

Whereas [blank] (1) of [blank] 9 died on the [blank] day of [blank] 19 [blank] and [and [blank] ] 10 (hereinafter called “the administrator(s)”) is/are 11 the intended administrator(s) of his estate. Now Therefore:

1 I/We (4) [blank] of [blank] [and [blank] of [blank] ]12 hereby [jointly and severally] 13 guarantee that I/We (4) will, when lawfully required to do so 14 make good any

8 Full name of deceased.

9 Address of deceased.

10 Full name(s) and address(es) and description(s) of proposed administrator(s).

11 Delete whichever is inapplicable.

12 Full name(s) and address(es) and description(s) of surety(ies).

13 Delete if only one surety.

NON-CONTENTIOUS PROBATE RULES 1974

loss which any person interested in the administration of the estate of the deceased may suffer in consequence of the breach by the administrator(s) of his/her/their(4) duty—

(a) to collect and get in the estate of the deceased and administer it according to law;

(b) when required to do so by the Court, to exhibit on oath in the Court a full inventory of the estate and, when so required, to render an account of the estate; or

(c) when so required by the Court, to deliver up the grant to the Court.

2 The giving of time to the administrator(s) or any other forbearance or indulgence shall not in any way affect my/our(4) liability under this guarantee.

3 The liability under this guarantee shall be continuing and shall be for the whole amount of the loss mentioned in paragraph 1 above, [my] [our aggregate] total liability shall not in any event exceed the sum of $ [blank] 15 Dated this [blank] day of [blank] 19 [blank]

Signed, sealed and delivered by the above named in the presence of [blank] a Commissioner for taking Affidavits.

[or other person authorized by law to take affidavits]16

[The Common Seal of [blank]

was hereunto affixed in the presence of [blank]].

FORM 5 CAVEAT IN THE SUPREME COURT OF BERMUDA

Let no grant be sealed in the estate of [blank] late of [blank] 17 deceased, who died on the [blank] day of [blank] 19 [blank], at [blank] without notice to [blank]18 Dated this [blank] day of [blank] 19 [blank].

14 An action on the guarantee may only be brought with the leave of the Court.

15 Insert gross value of estate (unless the Registrar has directed otherwise).

16 Attestation is not required in the case of a corporation.

17 Full name and address of deceased.

18 Name(s) of party or parties by whom or on whose behalf the caveat is entered.

NON-CONTENTIOUS PROBATE RULES 1974

(Signed) [blank] 19 whose address for service is:—

Barrister for the said 20

FORM 6 WARNING TO CAVEATOR IN THE SUPREME COURT OF BERMUDA To [blank] of [blank] a party who has entered a caveat in the estate of deceased. You are hereby warned within eight days after service hereof upon you, inclusive of the day of such service,—

(1) to enter an appearance either in person or by your barrister, at the Registry of the Supreme Court, Hamilton, Bermuda, setting forth what interest you have in the estate of the above-named [blank] of [blank] deceased contrary to that of the party at whose instance this warning is issued; or

(2) if you have no contrary interest but wish to show cause against the sealing of a grant to such party, to issue and serve a summons for direction by the Registrar of the said Registry. And take notice that in default of your so doing the Court may proceed to issue a grant of probate or administration in the said estate notwithstanding your caveat. Dated the [blank] day of [blank] 19 [blank] . Registrar.

Issued at the instance of [blank] [Here set out the name and interest (including the date of the will, if any, under which the interest arises) of the party warning, name of his barrister and the address for service. If the party warning is acting in person, this must be stated.]

FORM 7 APPEARANCE TO WARNING OR CITATION IN THE SUPREME COURT OF BERMUDA

Caveat No. [blank] dated the [blank] day of [blank] 19 [blank]21

19 To be signed by the caveator’s barrister or by the caveator if acting in person.

20 If the caveator is acting in person, substitute “In person”.

21 Delete whichever is inapplicable.

NON-CONTENTIOUS PROBATE RULES 1974

Citation dated the [blank] day of [blank] 19 [blank] (1)

Full name and address of deceased:—

Full name and address of person warning [or citor]:—

Full name and address of caveator [or person cited]:—

Enter in appearance for the above-named caveator [or person cited] in this matter. Dated this [blank] day of [blank] 19 [blank] (Signed)

whose address for service is:— Barrister (or “In person”)

FORM 8 CERTIFICATE IN LIEU OF GRANT IN THE SUPREME COURT OF BERMUDA In the Estate of [blank] deceased. WHEREAS it appears to the Court that the estate of the deceased consists only of personal property of an aggregate value not exceeding $2,500 so far as can be ascertained after reasonable inquiry; AND WHEREAS the Court has directed the issue to the applicant named below of a certificate under section 21 of the Administration of Estates Act 1974. NOW THEREFORE I

Registrar of the Supreme Court of Bermuda hereby certify:

(1) That on the [blank] day of [blank] 19 [blank] a direction issued out of the Supreme Court of Bermuda pursuant to section 21 of the Administration of Estates Act

1974 in the matter of the estate of [blank], late of [blank] who died on or about the [blank] day of [blank] 19 [blank].

22 Here set out the interest of the person warning, or citor, as shown in warning or citation.

23 Here set out the interest of the caveator or person sited, stating date of the will, if any, under which such interest arises.

NON-CONTENTIOUS PROBATE RULES 1974

(2) [blank] of [blank] being the person to whom this certificate is issued is hereby authorized to make demand of payment or possession and to receive and give a valid receipt for the money or other personal property so received as effectively as if he had been issued a grant of probate or letters of administration.

AND I DO HEREBY ORDER the person to whom this certificate is issued to dispose of the estate of the deceased by paying the reasonable funeral expenses and the debts of the deceased and by distributing the remainder, if any, of the estate

(a) in the case of property which the deceased died testate, to the beneficiaries entitled thereto, or if none can conveniently be found, to the Accountant General to be paid into the Public Treasury; and

(b) in the case of property in which the deceased died intestate, to the persons entitled thereto.

[Amended by:

2001 : 20

2002 : 36

2011 : 17]